Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44K

Review of declaration

             (1)  If the designated Minister declares a service, the provider may apply in writing to the Tribunal for review of the declaration.

             (2)  If the designated Minister decides not to declare a service, an application in writing for review of the designated Minister's decision may be made by the person who applied for the declaration recommendation.

             (3)  An application for review must be made within 21 days after publication of the designated Minister's decision.

             (4)  The review by the Tribunal is a re-consideration of the matter based on the information, reports and things referred to in section 44ZZOAA .

Note:          There are limits on the information to which the Tribunal may have regard (see section 44ZZOAA) and time limits that apply to the Tribunal's decision on the review (see section 44ZZOA).

             (5)  For the purposes of the review, the Tribunal has the same powers as the designated Minister.

             (6)  The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review (including for the purposes of deciding whether to make an order under section 44KA).

          (6A)  Without limiting subsection (6), the member may, by written notice, require the Council to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

          (6B)  The Tribunal must:

                     (a)  give a copy of the notice to:

                              (i)  the person who applied for review; and

                             (ii)  the provider of the service; and

                            (iii)  the person who applied for the declaration recommendation; and

                            (iv)  any other person who has been made a party to the proceedings for review by the Tribunal; and

                     (b)  publish, by electronic or other means, the notice.

             (7)  If the designated Minister declared the service, the Tribunal may affirm, vary or set aside the declaration.

             (8)  If the designated Minister decided not to declare the service, the Tribunal may either:

                     (a)  affirm the designated Minister's decision; or

                     (b)  set aside the designated Minister's decision and declare the service in question.

             (9)  A declaration, or varied declaration, made by the Tribunal is to be taken to be a declaration by the designated Minister for all purposes of this Part (except this section).



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